Petitioner's writ petition for release of seized lorry was dismissed as factual issues require enquiry. Court directed release of vehicle to jurisdictional criminal court for decision on merits.
Direction given to release the seized vehicle before the concerned Jurisdictional Criminal Court for interim custody and merit-based orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7620 of 2020
S.Syed Abdullah Kaleem
... Petitioner
Vs.
1.The Sub-Inspector of Police, Samayanallur Police Station, Madurai District. (Crime No.566 of 2020)
2.The Village Administration Officer, Madurai North Taluk, Kulamangalam Firka, Paravai II Bit Village, Madurai District.
3.The Assistant Director, Mines and Minerals Department, Madurai. 4.The Deputy Director, Mines and Minerals Department, District Collectorate Office, Dindigul.
5.K.Ravivarman ... Respondents
(R3 is impleaded vide order dated 14.08.2020 made inW.M.P.(MD) No.8366 of 2020 in W.P.(MD)No.7620 of 2020 and R4 & R5 are impleaded vide order dated 03.09.2020 made in W.M.P.(MD)No.9333 of 2020 in W.P.(MD)No.7620 of 2020)
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents to release the Lorry of the petitioner bearing registration No.TN 27 K 2073.
For Petitioner : Mr.C.M.Arumugam For R1 & R2 : Mr.M.Rajarajan, Government Advocate.
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ORDER
Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first and second respondent.
2.The petitioner seeks release of the petition mentioned vehicle. The petitioner states that he had not transported any river sand.
3.However, the learned Government Advocate disputes the same. Therefore, in the very nature of things the issue calls for enquiry. I am afraid that such enquiry cannot be conducted in this writ proceeding. The writ petition is dismissed. However, the following directions have to be given to safeguard the interest of the petitioner:-
1.The respondents are directed to produce the vehicle without any delay before the concerned Jurisdictional Criminal Court.
2.The petitioner is at liberty to move before the concerned Jurisdictional Criminal Court for interim custody.
4.It is for the Jurisdictional Criminal Court to pass such orders as deem it fit, on merits and in accordance with law. I make it clear that I have not gone into the merits of the case. No costs.
Assistant Registrar(CS-I)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
gns
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Sub-Inspector of Police, Samayanallur Police Station, Madurai District.
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2.The Village Administration Officer, Madurai North Taluk, Kulamangalam Firka,
Paravai II Bit Village, Madurai District.
3.The Assistant Director, Mines and Minerals Department, Madurai.
4.The Deputy Director, Mines and Minerals Department, District Collectorate Office, Dindigul.
W.P.(MD)No.7620 of 2020
03.09.2020
scr(CO) TR(11.09.2020) 3P 6C
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1 issue framed by the court
Whether the High Court can direct the release of a seized vehicle pending enquiry into the facts of the case.
1 provisions across 1 enactments
S.Syed Abdullah Kaleem
The Sub-Inspector of Police, Samayanallur Police Station
The Village Administration Officer
The Assistant Director, Mines and Minerals Department
The Deputy Director, Mines and Minerals Department
K.Ravivarman
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
